Utah Admin. Code R33-8-101a - Sole Source Contract Awards
(1) The
underlying purposes and policies of Title 63G, Chapter 61, Utah Procurement
Code, are to ensure the fair and equitable treatment of each person who deals
with the procurement system and to foster effective broad-based competition
within the free enterprise system. The most effective way to achieve this is by
conducting a standard procurement process when public funds are expended for a
procurement item. Sole source contract awards do not involve a standard
procurement process and should only be used when justified after reasonable
research has been conducted by the procurement unit to determine if there are
other available sources and an analysis has been conducted to determine if a
sole source award is cost justified.
(2) Circumstances for which a sole source
contract award may be justified include procurements for:
(a) a procurement item for which there is no
comparable product or service, such as a one-of-a-kind item available from only
one vendor;
(b) a component or
replacement part for which there is no commercially available substitute, and
which can be obtained only directly from the manufacturer; or
(c) an exclusive maintenance, service, or
warranty agreement.
(3)
Before awarding a sole source contract, the procurement official shall, when
practicable, conduct a price analysis in accordance with Section
R33-12-603.
(4) An urgent or unexpected circumstance or
requirement for a procurement item does not justify the award of a contract
without engaging in a standard procurement process.
Notes
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